Judge refuses convicted molester's request

Wilson man's attorney had filed motion for reduced prison term.

January 18, 2006|By Tyra Braden Of The Morning Call

A Wilson man who sexually molested a girl has lost his bid for a reduced prison sentence.

Timothy Horan, 39, who lived at 1846 Ferry St., wanted Northampton County President Judge Robert A. Freedberg to reconsider the state prison term of one day less than 36 months to six years, which is to be followed by four years of probation.

Freedberg wrote "Denied" on Horan's request and offered no further comment. The judge imposed the sentence Dec. 19. Horan in July pleaded guilty to aggravated indecent assault. Police said Horan began molesting the child in January 2003, when she was 7. The assaults ended in March 2004.

Horan's lawyer, Philip D. Lauer of Easton, filed a legal motion asking that Freedberg reconsider the sentence. In the motion, Lauer said the "sentence as imposed is excessive under the circumstances" for several reasons.

Freedberg, the motion says, "clearly intended" that Horan be made eligible for parole after serving three years. However, the motion says, because state, not county, officials will decide when Horan should be released, Horan "will likely serve a period of imprisonment significantly more lengthy."

State parole officials generally require sex offenders and people who have committed violent crimes to serve 85 percent of their maximum sentence before considering parole. That means Horan would be in prison for more than five years.

Lauer in his motion says Horan's needs, as well as the needs of the community, would "best be served by a modified sentence, with a significantly reduced maximum sentence followed by an extended additional period of probation."

In addition to asking that the sentence be reduced, Lauer in his motion had asked for a hearing at which Horan could present evidence to support the request.